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The  Dartmouth  College 
Case  Decision 

By  JOHN    Z.    WHITE 


With  an  Introductiuu   i»>    Wm.   Marion  Reedy,  Editor  of 
the  Sr.  Louis  Mirror   • 


Originally  published  in  the  St.  Louis 
Mirror,  and  by  permission  reprinted 
in  THE  PUBLIC  of  Chic^igo. 


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1906 


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ffs7 


I  HE  DARTMOUTH  COLLEGE  CASE  L  : 
CISION. 

a  Z.  White  in  the  St.  Louis  Mirror  of  Oct.  4,  190' 

With  an  Introduction  by  Wm.  Marion  Reedy, 

Editor  of  The  Mirror. 

vir.  Bryan's  proposal  of  government  ownership  ' 
railways;  Mr.  Folk's  proposal  of  taxing  corpora tio 
upon  the  actual  value  of  their  property,  includi 
franchises,  or  upon  the  earning  capacity  as  an  es 
mate  of  valuation;    every  proposal   to   do   anythi:'' 
to  a  corporation  that  the  corporation  doesn't  wa 
done,  is  met  with  the  proclamation  by  corporati- 
lawyers:     "You  can't  do  it.     Marshall's  decision 
the  Dartmouth  College  case  forbids.    That  decisiL_ 
holds  a  charter,  or  a  franchise,  is  a  contract,  that 
no  State  can  impair  the  obligation  of  contracts.     If 
the  corporations   aren't  willing  to  submit  to   those 
things  you  can't  do  them  without  impairing  the  ob- 
ligation of  contracts."     This  Marshall  decision  is  the 
backbone,  the  vitality  of  all  corporate  power.    It  '=' 
the  secret  of  corporate  tyranny  over  the  people, 
is  the  buttress  of  every  corporation  iniquity  whic 
reformers  try  to  remedy.     It  is  the  fetich  of  all  t] 
courts.     It  is  the  gospel  of  all  lawyers.     It  is  sacr 
because    it   was   formulated    by   Webster,    and   e 
bodied  in  the  law  by  Marshall  and  Story.       It  I 
been  so  for  eighty-seven  years.    But  now  the  law 
laid  down  by  these  giants  is  questioned.    Their  lo  -;■ 
is  attacked.     The  conclusions  of  t>e  rupr  uift  Coari 
that  have  been  held  sacred  and  bii'll^g  on  all  courts 
forever  are  denied.     They  are  shc^vn  to  be  absurc. 
With  government  ownership  and  corporation  regula- 
tion the  intensely  vital  issues  they    fave  become,  wo 
shall  hear  much  of  the  Dartmoutl    ^r-r; --«-,.  i,  n\a,.  , 


ivil50925 


■bfe'inif'RS  un?Gsa'labl*^  &8  Divine  Writ.  The  war  of 
the  new  democracy,  the  true  leiniblicanlem  of  this 
ay  and  the  future,  must  be  aguinst  thjs  J.'  sion, 
vvhich  supports  all  the  corporation  iniquities  and  in- 
famies. This  article  by  John  Z.  White  sounds  the 
first  note  of  the  battle  cry  to  which  all  American  rad- 
ii als  must  rally,  for  the  law  of  the  Dartmouth  College 
djcision  is  the  issue  upon  which  both  the  great  par- 
ties are  to  split  in  such  way  that  all  those  in  both 
.jirties  who  believe  in  liberty,  in  the  rule  of  reason. 
h.  freedom  from  the  tyranny  of  "artificial  persons" 
will  eventually  be  in  one  party,  and  all  the  benefl- 
caries  of  the  tyranny  and  corruption  of  artificial  per- 
o  )n8  will  be  in  another  party.  Marshall's  decision 
has  made  for  the  enslavement  of  men  to  corpora- 
tions. It  must  be  reversed  and  its  logic  denounced 
;f  this  government  is  to  fulfil  the  purposes  of  its  found- 
ers or  realize  the  hope  and  faith  of  mankind  that 
.ound  expression  in  the  Declaration  and  in  the  Con- 
stitution. 

EDITOR  OF  THE  MIRROR. 


The  people  of  the  United  States  are  much  dis 
turbed  by  private  monopolies. 

Very  many,  possibly  the  majority,  appear  to  view 
the  situation  as  hopeless. 

All  manner  of  remedial  measures  are  proposed. 

Kansas  attempted  a  public  oil  refinery;  various 
municipal  enterprises  are  under  consideration;  it  is 
even  suggested  that  the  amount  of  business  that  one 
corporation  may  do  shall  be  limited  to  a  given  frac- 
tion of  the  total  business  of  the  country  in  any  par- 
ticular line;  while  a  message  from  the  President  to 
Congress  informs  us  that  state  regulation  of  railroads 
ha<5  thiifi  far  achieved  but  little. 

■iiov.  tv  do  it,"  is  still  the  distinctive  charac- 
.  ;ristic  o(  /       rican  public  life. 


Is  the  President  not  aware  of  the  tact  that  early  in 
our  history  the  Supreme  Court  adopted  a  policy  and 
established  a  precedent  that  deprived  the  people  of 
their  natural  remedy  for  corporate  aggression? 

The  doctrine  affirmed  by  the  decision  in  the  Dart- 
mouth College  case  is  the  source  of  most  of  our 
present  industrial  abuses. 

Instead  of  seeking  the  overthrow  of  that  doctrine, 
our  so-called  statesmen  seem  bent  on  devising 
schemes  that  admit  its  truth,  but  attempt  to  dodge 
its  consequences. 


Daniel  Webster  conducted  the  case  for  the  college. 
John  Marshall  and  Joseph  Story  delivered  the  prin- 
cipal opinions. 

Those  opinions  were  essentially  repetitions  of 
Webster's  argument. 

On  fundamental  law  Blackstone  was  favorably 
quoted. 

The  case  Is  Interesting.  Story  said  so,  and  in  this 
respect  his  opinion  Is  sound. 


As  told  by  Wheaton,  the  story  is  as  follows: 

In  1754  Dr.  Wheelock  began  teaching  the  Christian 
religion  to  Indian  children.  He  included  some  white 
children,  and  added  educational  to  t^'''^^'^'-'°  iTia+rnr-- 
tion. 

The  school  was  charitable,  and  coh  i\^<tAo.w-  ■>  v>ci- 
sought.  Finally  the  favorable  attenti<>r;  of  T^ord  Dart- 
mouth and  others  in  England  was  secured. 

Originally,  Dr.  Wheelock  intended  to  bequeath  tbt 
school  and  its  funds  to  twelve  men  wHh  power  to  f.l! 
vacancies,  that  the  trust  so  formed  j3  perpetual. 

The  English  contributors  believed  an  incorpora:efl 
organization  more  desirable,  and  in  1769  there  was 
secured  from  the  English  crown  a  charter. 

The  "Tru8tee€  of  Dartmouth   Cjbllega '  Is  formed 


In  harmony  with  the  plan  of  Dr.  Wheelock,  being 
composed  of  twelve  men  who,  with  other  privileges, 
have  power  to  fill  vacancies,  and  thus  is  self  perpf  ni- 
ating. 

The    charter    declares    its    provisions    unalte^ 
by  the  crown,  and  that  the  twelve  trustees  may  Di 
rules  and  regulations  for  the  government  of  the  " 
lege  not  repugnant  to  the  laws  of  Great  Britai     ^ 
New  Hampshire. 

After  the  Revolution  the  State  of  New  Hampshire 
increased  the  number  of  trustees  to  twenty-one,  Kn:\ 
appointed  a  board  of  twenty-five  overseers. 

The  college  corporation  resisted  this  action,  and 
was  defeated  before  the  Supreme  Court  of  that  Scae. 

The  constitution  of  New  Hampshire  (art.  "; 
reads:  "No  person  shall  be  deprived  of  his  propv..^..,, 
or  immunities,  or  privileges,  put  out  of  the  protection 
of  the  law,  or  deprived  of  his  life,  liberty  or  estate, 
but  by  judgment  of  his  peers,  or  the  law  of  the  land." 

The  New  Hampshire  court  said:  "That  the  right 
to  manage  the  affairs  of  this  college  is  a  privilege 
within  the  meaning  of  the  bill  of  rights,  is  not  to  be 
doubted.  But  how  a  privilege  can  be  protected  from 
the  law  of  the  land  by  a  clause  in  the  constitution 
declaring  that  it  shall  not  be  taken  away  but  by  the 
law  of  the  land  is  not  very  easily  understood." 

Upon  appeal  to  the  Supreme  Court  of  the  United 
States  it  was  held  that  the  charter  from  the  crown  is 
a  contract,  and  therefore  that  said  laws  are  null  and 
void,  because  in  violation  of  the  Constitution  of  the 
United  States,  which  reads  (art.  1,  sec.  10):  "No 
State  shall  pass  any  law  impairing  the  obligation  oT 
contracts."  ^ 

In  his  contribution  to  this  interesting  case  Judge 
Story  said:  "It  is  a  principle  of  the  common  law 
*  •  ♦  that  the  division  of  an  empire  works  no  for- 
^oitTi---  o'   M     'iously  vested  rights  of  property." 

•se  the  division  of  empire  does  not  de- 


stroy  sovereign  power — that  power  passes,  it  does  not 
disappear. 

The  people  of  England,  through  their  agent.  Parlia- 
ment, as  an  act  of  sovereignty,  can,  could  and  did  re- 
voke grants  made  by  the  crown.  All  grants  issued  by 
the  crown  were  and  are  subject  to  this  condition. 

Webster  admitted  this  power  of  Parliament,  but 
urged  that  "in  modern  times  it  has  exercised  this 
power  very  rarely";  that  "even  in  the  worst  times 
this  power  of  Parliament  to  repeal  and  rescind  char- 
ters has  not  been  exercised";  that  "Parliament  could 
not  annul  charters  as  a  matter  of  ordinary  legislation, 
but  only  as  an  act  of  omnipotent  sovereignty";  that 
"no  legislature  in  the  United  States  has  such  power." 

The  people  of  New  Hampshire,  by  their  sovereign 
agency  (legislative,  executive  and  judicial),  declared 
these  laws  in  full  force  and  effect. 

When  these  agree  has  not  sovereignty  spoken? 
What  further  appeal  is  possible — save  to  the  mob? 

Therefore,  unless  the  Constitution  of  the  United 
States  delegated  to  the  Federal  Government  power  to 
annul  charters,  or  prohibited  it  to  the  States,  it  has 
continued  to  reside  in  each  State  as  an  inherent  sov- 
ereign right. 

The  tenth  amendment  to  the  Constitution  reads: 
"The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  It  to  the  States, 
are  reserved  to  the  States  respectively,  or  to  the 
people." 

There  was  no  pretense  that  power  to  annul  char- 
ters was  delegated  to  the  United  S'ates,  but  it  was 
held  the  clause  declaring  that  "No  State  shall  pass 
any  law  impairing  the  obligation  of  cor  -'r'*^  •■  '  ''^ 
such  prohibition  to  the  States. 

In  our  early  history  some  of  the  States  i.v  .  ^ ..  , 
altered  the  basis  of  debt  liquidation.  For  i.'iis  reason 
this  Constitutional  prohibition  was  inserted,  and  yet 
this  decision  pretends  that  in  it  is  concetti  I  d\e  de- 
struction of  a  great  sovereign  prerogative 


And  even  a  hasty  perusal  of  the  proceedings  of  th- 
Constitutional  convention  show  the  subject  unde 
consideration  to  have  been  private  contracts. 

Even  if  a  grant  be  absurd  or  unjust,  or  secure 
through  corruption,  still  are  the  sovereign  peopl 
helpless.  According  to  this  decision  there  is  d 
power  in  the  United  States  that  can  annul  charters- 
because  of  a  Constitution  ordained  "to  promote  tra 
quillity,"  and  to  secure  other  "blessings." 


The  vital  question  before  the  Supreme  Court,  thei  ; 
fore,  was — Is  the  charter  from  the  crown  a  contrac 

Chief  Justice  Marshall  disposed  of  the  matter 
saying:     "It  can  require  no  argument  to  prove  thai 
the  circumstances  of  this  case  constitute  a  contract." 

On  the  contrary,  very  energetic  argument  is  re- 
quired; much  more  forceful  than  any  advanced  by 
either  counsel  or  court. 


As  a  point  from  which  to  view  the  matter  in  hand, 
let  us  first  perceive  the  conditions  of  equitable  social 
adjustment. 

Blackstone  says  truly  that:  "The  laws  of  nature 
are  coeval  with  mankind  and  are  binding  everywhere 
and  at  all  times,"  and  that  "all  human  enactments 
derive  whatever  force  and  vitality  they  may  have 
from  their  conformity  to  those  great  originals,"  and 
that  "any  human  laws  made  in  contradiction  of  the 
laws  of  nature  must  eventually  fail  and  become  null 
and  void." 

As  a  condition  of  nature,  then,  men  live  on  the 
earth,  and  must  produce  things  from  its  materials  in 
order  to  continue  life. 

Some,  if  al*  e,  will  rob,  or  wantonly  or  carelessly 
injure  others  and  to  prevent  such  trespass  all  the 
r.copl.'  (:";. '^y,  the  majority)  within  a  given  terrl- 
tc     <jre    ■  •  -  the  police  power. 


To  utilize  the  earth  efficiently  it  is  necessary  thai 
parcels  be  exclusively  occupied  by  individuals.  To 
this  end  the  whole  people  ordain  a  method  of  holding 
land. 

In  other  words,  each  man  has  the  right  to  peace- 
fully occupy  and  use  the  earth,  and  the  only  known 
way  to  maintain  this  right  (security  of  person  and 
property)  is  by  the  exercise  of  the  supreme  force. 

This  supreme  force  is  sovereignty.  Sovereignty  is 
dominion;  government  its  organized  agency. 

States  are  not  corporate  agencies  to  be  compelled. 
They  are  sovereign  agencies  that  command.  They 
bow  not  to  the  past;  they  rule  not  the  future;  but 
they  control  the  present. 

To  yield  this  power  in  any  degree  is,  in  that  de- 
gree, to  yield  the  only  power  in  nature  whereby  civ- 
ilized society  is  possible. 

To  argue  that  sovereignty  can,  in  part,  surrender 
itself,  is  to  argue  that  a  thing  can  divest  itself  of  its 
essential  characteristics. 

If  we  argue  that  sovereignty  can  partly  surrender 
itself,  must  we  not  logically  agree  that  it  can  do  so 
wholly? 

Sovereignty  is  the  arbitrary  will  of  the  majority, 
and  finds  justification  for  its  exercise  in  the  fact  that 
nature  (i.  e.  the  constitution  of  man.  together  with 
that  of  his  environment)  compels  the  assertion  of 
that  will. 

The  supreme  force  is  often  used  to  the  disadvan- 
tage of  some,  but  such  act  is  in  violation  of  natural 
equity  and  "must  eventually  become  null  and  void." 

This  is  nature's  social  law.  "Conformity  to  this 
great  original"  Is  the  State's  duty. 


It  will  be  observed  that  sovereignty  does  not  origi- 
nate in  the  divine  right  of  the  King,  nor  in  the  legis- 
lature, nor  in  the  so-called  social  compact,  a  or  ic  the 
conscious  contract  that  James  Wilson  tried   to  de- 


diice   from    the   assertion   that  governments    de) 
"their  just  powers  from  the  consent  of  the  govern* 

Like  the  right  of  each  man  to  peacefully  use 
earth,  sovereignty  exists  of  itself.     The  State  is  l 
the  agency  of  sovereignty,  organized  to  conserve  v. 
right  to  peacefully  occupy. 

Plainly,  while  a  State  may  contract  with  a  citi 
to  build  a  school  house,  it  cannot  contract  with  ) 
regarding  matters  of  sovereignty. 

Such  act  would  be  an  attempt  to  "agree"  that 
greatest  force  is  not  the  greatest  force — an  attei 
in  degree  to  surrender  sovereign  agency. 

A  charter  gives  power  to  the  possessors  as  agai' 
other  citizens,  but  not  as  against  the  State. 

A  State  therefore  may  create  a  corporation  ly 
permitting  a  group  of  persons  to  exercise  sovereiri" 
powers,  but  such  act  is  to  delegate,  not  to  surrender 
power.     It  is  a  license,  a  permit — not  a  contract. 

In  short,  a  State  may  delegate  portions  of  its 
power,  but  it  can  abdicate  no  part  of  its  sovereign 
agency. 

Any  agent  may  malie  contracts  as  to  matters  in 
the  conduct  of  business  proper  to  his  agency,  but  who 
will  urge  that  he  may  contract  away  any  part  of  the 
title  to  tlie  enterprise  itself?  Are  we  to  understand 
that  an  agent  may  absolve  himself  of  his  agency,  in 
any  degree? 

A  corporation  holds  power  only  because  it  is  sus- 
tained by  sovereignty.  It  is  not  only  created  by  law, 
but  also  is  sustained  by  law,  and  has  no  being  save 
for  law. 

To  admit  the  power  to  grant  charters  and  deny  the 
power  to  annul  them,  is  like  admitting  the  existence 
of  one  side  of  an  object  while  disputing  the  existence 
of  the  other  side;  or  like  asserting  the  positive  and 
denying  the  negative  pole  of  electricity;  or  like  dis- 
puting the  similar  conversion  of  a  syllogism. 

'3  Supreme    Court    was    right,    when,    in     the 
10 


•Slaughter  House"  and  other  cases,  It  held  that  no 
part  of  the  police  power  may  be  "contracted"  away. 
Each  citizen  must  submit  to  this  phase  of  sovereign 
authority. 

But  is  land-holding  less  a  result  of  sovereignty  than 
police  regulations?  One  may  refuse  a  particular  par- 
cel of  land,  but  cannot  refuse  all  land  and  live.  Either 
as  owner  or  tenant  he  must  conform  to  the  methods 
ordained.  He  may,  however,  refuse  to  erect  any 
building. 

Men  and  land  include  all  things  social,  and  if  sov- 
ereignty be  asserted  as  to  these  it  is  complete. 


Webster  dimly  perceived  that  to  contract,  all  par- 
ties must  be  free  to  withhold  consent,  and  he  said: 
"What  proves  all  charters  of  this  sort  to  be  contracts 
is  that  they  must  be  accepted,  to  give  them  force  and 
effect." 

Can  we  not  with  equal  justice  say  the  relation  be- 
tween master  and  slave  is  contractual? 

The  master  grants  permission  to  attend  a  picnic. 
The  slave  "accepts" — and  we  have  a  contract. 

Or,  the  master  commands  a  like  act,  and  the  slave 
refuses,  even  preferring  death — and  no  contract  re- 
sults. 

Is  not  the  permission  or  the  command  without 
"force  and  effect"  unless  the  slave  "accepts"? 

"Accept,"  says  the  master,  "and  live  a  slave,  or 
fail  to  'accept'  and  die  a  man." 

Corporations  live.     Men  die.     Therefore,  says  the 
State,  according  to  this  decision,  accept  this  charter 
and  live  an  artificial,  immortal  person,  or  fail  to  ac- 
cept and  die  as  the  God  of  nature  designed  i 
"great  originals." 

If  we  are  agreed  as  to  the  nature  of  soverc  i       ; 
and  its  agency,  we  perceive  the  validity  of  the 
ish   rule   that  the   Parliament   can   annul   cha 

11 


Also  we  will  be  able  to  note  the  virtue  of  the  posl 
tions  taken  by  the  court. 

Two  principal  assumptions  were  made: 

First,  that  land  grants  are  irrevocable. 

Second,  that  corporations  are  persons. 

Some  positions  were  evaded,  but,  on  the  importar . 
matter  of  "privileges"   there  is   agreement,   as   fo 
lows: 

Blackstone  said:  "Franchise  and  liberty  are  used 
as  synonymous  terms,  and  their  definition  is,  a  royal 
privilege,  or  branch  of  the  King's  prerogative,  sub- 
sisting in  the  hands  of  the  subject." 

Webster  quoted  Prof.  Sullivan  as  saying  that,  "The 
term  liberty  signifies  the  privileges  that  some  of  the 
subjects,  whether  single  persons,  or  bodies  corporate, 
have  above  others,  by  the  lawful  grant  of  the  King." 

Webster  then  said:  "The  plaintiffs  have  such  an 
interest  in  this  corporation." 

Privileges,  then,  are  partialities,  favoritisms, 
"grants  of  the  King's  prerogative,"  "advantages  that 
some  have  above  others." 

Per  contra:  They  are  handicaps,  burdens,  op- 
pressions, tyrannies  upon  those  same  "others." 

"What  is   one   man's   privilege   is   another  man's 
right,"  is  a  wise  saying  attributed  to  Andrew  Car-* 
i;egie. 

Of  corporations  Justice  Story  said:  "An  aggre- 
gate corporation  at  common  law  is  a  collection  of  in- 
dividuals united  into  one  collective  body,  under  a 
special  name,  and  possessing  certain  immunities, 
privileges  and  capacities  in  its  collective  character 
which  do  not  belong  to  the  natural  persons  com- 
posing it.  *  *  *  It  is  in  short  an  artificial  per- 
son, existing  in  contemplation  of  law,  and  endowed 
with  certain  powers,  and  franchises,  which,  though 
they  must  be  exercised  through  the  medium  of  its 
cn^rr  i"  r^  mbers,  are  yet  considered  as  subsisting  in 
i..^    •<         ation  itself,  as  distinctly  as  if  it  were  a 

o  i  I--       lage." 

12 


Marshall  said  of  this  corporation:  "An  artificial 
immortal  being  was  created  by  tlie  crown,  capable 
of  receiving  and  distributing  forever,  according  to 
the  will  of  the  donors,  the  donations  which  should 
be  received  by  it." 

And  said  Webster:  "A  grant  of  corporate  powers 
and  privileges  is  as  much  a  contract  as  a  grant  of 
land." 

"Was  it  ever  imagined,"  asked  Story,  "that  land 
voluntarily  granted  to  any  person  by  a  State  was 
liable  to  be  resumed  at  its  own  good  pleasure?" 

The  nature  of  privileges  is  agreed  to;  also  that 
corporations  hold  privileges;  also  that  "a  grant  of 
franchises  is  not  in  principle  distinguishable  from  a 
grant  of  any  other  property,"  as  asserted  by  Story. 

But  cannot  the  State  take  the  physical  thing,  land, 
under  power  of  eminent  domain;  and  did  not  John 
Marshall  say,  in  Providence  Bank  v.  Billings  (4 
Peters,  562),  referring  to  a  land  grant,  that:  "This 
grant  is  a  contract,  the  object  of  which  is,  that  the 
profits  issuing  from  it  shall  inure  to  the  benefit  of 
the  grantee?  Yet  the  power  of  taxation  may  be 
carried  so  far  as  to  absorb  these  profits.  Does  this 
impair  the  obligation  of  contracts?  The  idea  is  re- 
jected by  all,"  etc. 

If  the  State  can  take  the  land  under  condemna- 
tion, and  its  value  (profits)  by  taxation,  what  becomes 
of  the  contention  of  Webster  and  Story  that  land 
granted  may  not  be  resumed?  And  we  are  all  agreed 
that  land  grants  and  franchises  stand  or  fall  together. 

Thus  one  principal  assumption  is  destroyed.  It 
has  no  validity  in  reason,  and  from  a  different  point 
of  view,  as  shown  in  the  case  cited,  even  Marshall 
was  able  to  perceive  the  truth. 

The  second  principal  assumption  wlo  .  to 

the  conclusion,  because  if  the  corporation  \%ii'.  not  a 
"person,"  there  was  no  party  with  whom  the  crown 
might  contract. 

13 


It  is  agreed  that  a  contract  is  "an  agreement  be- 
tween two  or  more  persons  to  do  or  not  to  do  a  par- 
ticular afct." 

As  a  corporation  does  not  exist  until  tlie  charter 
issues,  it  would  seem  that,  if  the  charter  is  a  con- 
tract, the  corporation  must  be  a  party  to  its  own 
creation. 

Perhaps  the  State  creates  a  corporation,  or  artifi- 
cial person,  and  then  contracts  with  that  artificial 
person  to  do  what  it  has  already  done,  viz.,  create  a 
corporation. 

Story  dealt  with  this  point  in  the  following  manner: 

"From  the  nature  of  things,  the  artificial  person 
called  a  corporation  must  be  created  before  it  can  be 
capable  of  taking  anything.  When,  therefore,  a  char- 
ter is  granted,  and  it  brings  the  corporation  into  ex- 
istence without  any  act  of  the  natural  persons  who 
compose  it,  and  gives  such  corporation  any  privileges, 
franchises,  or  property,  the  law  deems  the  corpora- 
tion to  be  first  brought  into  existence,  and  then  clothes 
it  with  the  granted  liberties  and  property.  *  ♦  * 
There  may  be,  in  intendment  of  law,  a  priority  of 
time,  even  in  an  instant,  for  this  purpose." 

The  corporation  must  exist  before  it  is  "capable  of 
taking  anything." 

Certainly;  and  it  must  "be"  before  it  can  contract 
to  "be."  To  "be"  is  one  of  its  liberties,  and  all  of  its 
liberties  are  in  the  "contract." 

As  Marshall  said:  "A  corporation  is  an  artificial 
being,  invisible,  intangible,  and,  existing  only  in  con- 
templation of  law,  it  possesses  only  those  properties 
which  the  charter  expressly  confers  upon  it." 

One  of  which  properties  is  to  "be."  "The  law 
deems  the  corporation  to  be  first  brought  into  ex- 
istence and  then  clothes  it,"  etc.  Never  mind  about 
clothing  it.     Get  the  thing  born  first — as  a  contract. 

Story  said  those  who  oppose  his  view  should  "con- 
sider whether        not  they  do  not  at  the  same  time 
?stab!isr.     "^a        e  grant  itself  is  a  nullity  for  pre- 
reason." 

14 


As  a  contract,  we  do  establish  "precisely"  that. 
+ 

Story  had  yet  another  line  of  approach.  He  said: 
"An  executory  contract  is  one  in  which  a  party  binds 
himself  to  do  or  not  to  do  a  particular  thing.  An 
executed  contract  is  one  in  which  the  object  of  the 
contract  is  performed." 

The  non-professional  mind  can  readily  perceive 
how  one  may  contract  to  make  a  pair  of  boots,  or 
to  sell  or  to  deliver  a  pair,  but  how  can  one  con- 
tract to  make  a  pair  that  is  already  made? 

Seemingly,  in  the  court's  view,  a  charter  is  an  ex- 
ecuted contract.  That  is,  "the  object  of  the  con- 
tract is  per'formed."  But  this  does  not  relieve  the 
situation.  For,  even  though  the  making  and  the 
performance  of  the  contract  be  simultaneous,  there 
can  be  no  contract  without  parties,  and  the  corpora- 
tion or  artificial  person  does  not  exist  until  the  char- 
ter issues. 

Not  only  is  the  "person"  artificial  but  the  whole 
concept  is  artificial  and  woodeny  and  bears  no 
semblance  to  those  "great  originals"  to  which  Black- 
stone  rightly  declared  all  permanent  law  must  con- 
form. 

One  feels  impelled  to  warn  the  profane  reader  that 
this  is  not  a  discussion  of  farce-comedy. 


The  facts  in  the  case  appear  simple  enough,  be- 
fore Webster  indulged  in  intellectual  gymnastics,  or 
the  court  applied  its  alchemy. 

It  seems  that  a  group  of  persons  applied  for,  i 
received,  "an  advantage  above  others."  a  "branch 
the  King's  prerogative,"  or  a  privilege  sustained 
soverf';^n  power, --that  is,  a  charter. 

Tlie  grant  being   secnred,  the  group   thereby   '"-; 
eomes  an  organization  of  persons  upon  -whom    ..• - 


If  the  corporatloD  is  an  artificial  person  "in  cc. 
templatlon  of  law,"  it  can  very  bluntly  be  assert 
that  the  law  assumes  as  true  what  is  not  true,  but 
absurd. 

When  told  that  in  the  eye  of  the  law  his  wife 
supposed  to  act  under  his  direction,  Mr.  Bumble    • 
plied:     "If  the  law  supposes  that,  the  law  is  a  ass-    ■ 
idiot.     If  that's  the  eye  of  the  law,  the  law's  a  ba.  l 
elor;  aud  the  worst  I  wish  the  law  is,  that  his  eye  n 
be  opened  by  experience — by  experience." 

We  are  getting  experience,  and  it  is  to  be  hop.vi 
our  eyes  will  open.  Mr.  Bumble's  estimate  o't  t:i. 
law  was,  in  some  respects,  extremely  accurate. 

The  second  assumption  seems  untenable,  and  witn 
its  dismissal  the  case  vanishes. 

A  corporation  is  an  organization — not  an  organlFm, 
and  certainly  not  a  person. 

Its  charter  is  but  the  expression  of  the  grant  oi 
authority  conferred.  If  the  State  has  power  to  con- 
fer, it  also  has  power  to  withhold  or  withdraw — that 
is,  to  annul.  Unless,  of  course,  there  is  some  power 
in  government  greater  than  sovereign  agency. 


Story  suggested  that  power  to  annul  charters 
might  be  reserved  by  the  legislature,  either  in  each 
charter  or  u^    general  law. 

Such  reservation  surely  cannot  give  to  a  legisla- 
ture a  power  not  already  possessed.    Otherwise  an 
act  may  not  only  tend,  as  Webster  feared,  but  easily 
secure,  "the  union  of  all  powers  in  the  legislature." 
beiut..    ^ji(3  jf  the  legislature  cannot  so  add  to  its  own 
tem^  powers,  but  can  by  act  secure  the  reservation,  does 
^''       it  not  follow  that  the  reservation  exists  regardless 
of  the  act? 
Do   -  ?.  'rgislature  possess  power  through  contract 
aiviciual  citizens,  or  is  its  power  (Iri?''''nJ-<^r  !  ^ 
.be  sovereign  people? 


16 


After  agreeing  to  the  nature  of  privilege,  and 
listening  to  the  definition  of  corporations,  and  ob- 
serving Justice  Story's  assurance  that  these  grants 
imply  on  the  part  of  the  grantor  "a  contract  not  to 
reassert  the  right"  (although  it  is  agreed  that  Par- 
liament can  annul),  and  being  told  that  "the  only 
affect  of  the  charter  was  to  give  permanency  to  the 
design;"  in  fact,  being  duly  impressed  with  the 
solemnity  of  the  whole  proceeding  (and  why  should 
aot  artificial,  immortal  beings  be  viewed  with  awe?), 
we  are  suddenly  startled  by  Marshall's  assertion  that 
'From  the  fact  that  a  charter  of  incorporation  has 
3een  issued  nothing  can  be  inferred  which  changes 
:he  character  of  the  institution  or  transfers  to  the 
government  any  new  power  over  it." 

If  this  assertion  is  true,  why  do  men  seek  char- 
;ers? 

If  the  character  of  the  institution  was  not  changed, 
what  contract  was  made? 

And  what  did  Story  mean  in  saying  that  a  cor- 
poration possesses  "certain  immunities,  privileges 
and  capacities  in  its  collective  character  which  do 
not  belong  to  the  natural  persons  composing  it"? 

We  must  infer  a  change  in  the  character  of  the 
institution,  and  that  change  Is  the  possession  of 
political  powers  not  before  held. 

It  is  these  political  powers  that  Story  said  "do  not 
belong  to  the  natural  persons  composing"  the  cor- 
poration. 

These  "branches  of  the  King's  prerogative"  are 
political  because  the  whole  ol  the  Kir^*.-:  preroga- 
tives are  political.  The  State  is  political.  It  has 
political  power  only  to  give. 

It  was  to  this  sort  of  power  that 
when,  after  describing  privilege,  he  ioclared  that  iu* 
clients  "have  such  an  Interest  in  this  case:  '* 

The  character  of  the  Institution  was  changed  by 
the  exchange  of  a  private  for  a  public  administrator. 
All  corporations  are  public  for  the   reason  that  all 

17 


their  powers  are  derived  from  the  State.  Corporate 
powers  are  part  of  the  State — (sovereign  powers 
subsisting  in  the  hands  of  the  citizen, — to  use  our 
terms  in  place  of  the  British  for'^i). 

On  the  same  point  Mr.  Hopkinson,  of  counsel  for 
the  college,  asked:  "If  the  property  of  this  corpora- 
tion be  public  property,  when  did  it  become  so?  It 
was  once  private  property;  when  was  it  surren- 
dered to  the  public?" 

The  property  was  not  surrendered  to  the  public, 
but  its  administration  was  given  to  the  public  by 
the  voluntary  act  of  its  owners. 

The  owners  preferred  to  entrust  it  to  a  publicly 
established  agency  (viz.,  the  corporation),  rather 
than  to  leave  it  by  bequest  to  private  parties,  in  ac- 
cord with  the  original  intention  of  Dr.  Wheelock. 


Distinguishing  between  public  and  private  cor- 
porations and  indicating  that  the  physical  property 
with  which  a  college  corporation  is  endowed  is  called 
its  "foundation,"  Story  said:  "If  the  foundation  be 
private,  though  under  the  charter  oT  the  government, 
the  corporation  is  private,  however  extensive  the 
uses  may  be  to  which  it  is  devoted,  either  by  the 
bounty  of  the  founder,  or  the  nature  and  objects  of 
the  institution." 

And  in  this  class  of  private  corporations  he  places 
hospitals,  banks,  canals,  insurance,  turnpike  and 
bHdge  companies. 

This  conclusion  gives  to  a  corporation  the  char- 
acter of  its  physical  property,  while  common  sense 
asserts  Its  character  to  be  that  of  the  source  of  Its 

It.  Is  a  corporation  because  the  State  created  It 

*t-  not  TTcc  in  harmony  with  right  reason  to  say, 

"*   be  from  the  public,  the  corporation  is 

vr  slight  be  the  uses  to  which  its  pollt- 

<3  devoted"? 

18 


J      e  privileges  of  a  corporation  spring  trom  its 
on,  or  froT^'ne  State? 

wer  "to  be"  is  of  the  State;  its  permanence, 
lortality,"  is  of  the  same  source. 
How  can  we  say  that  the  privileges  of  a  corpora- 
tion fi^     sovereign  powers  in  the  hands  of  a  citizen. 
■  '  le  same  time  say  the  corporation  is  private? 

ssify  corporations  as  civil  and  eleemosynary, 
blic  and  private,  is  to  divide  them  according 
uses,  and  is  entirely  proper  as  an  aid  to 
Qt  identification;  but  to  make  this  classiflca- 
basis  of  philosophical  distinction  is  merest 

.  Dration  is  a  group  of  persons  holding  "priv- 
ileges," and  the  nature  of  privileges  is  agreed  to. 
Whether  the  corporation  is  used  to  conduct  a  Sun- 
day school,  a  great  city,  a  railroad,  or  a  manufac- 
turing plant  is  immaterial. 

A  gun,  whether  a  toy  pistol  or  the  most  improved 
rifle,  is  still  a  gun;  and  whether  in  the  hands  of  an 
honest  man  defending  his  home,  or  in  the  hands  of 
a  highwayman  attacking  his  victim,  it  is  still  a  gun. 

A  corporation  holds  political  power.  Its  power 
to  "be"  is  political.  And  all  the  fancy  balancing  in- 
dulged by  counsel  and  court  operates  to  conceal, 
not  to  destroy,  this  truth. 


The  New  Hampshire  court,  as  before  "tated,  said 
it  is  diflScult  to  understand  "how  a  p;  ivileg:  car 
be  protected  from  the  law  of  the  land  b>  a  clause  in 
the  Constitution  declaring  that  it  shall  not  be  taken 
away  but  by  the  law  of  the  land." 

In  reply  Webster  quoted  Blackstone  ,  s  Toilows; 
"And  first  it  (i.  e.,  the  law),  is  a  rule;  not  r.  transient 
or  sudden  order  from  a  superior,  to  or  c  learning  a 
particular  person;  but  something  permar'e.nr  or  uni- 
versal. Therefore  a  particular  act  of  the  legislature 
to  confiscate  the  goods  of  Titus  or  to  attaint  him  O'" 

19 


high  treason  does  not  enter  into  the  idea  of  a  munici- 
pal law;  for  the  operation  of  this  act  is  spent  on 
Titus,  and  has  no  relation  to  the  community  in  gen- 
eral; it  is  rather  a  sentence  than  a  law." 

Webster  added,  "Everything  that  may  pass  under 
the  form  of  an  enactment  is  not  therefore  to  be  con- 
sidered the  law  of  the  land.  Such  construction 
would  render  constitutional  provisions  of  highest  im- 
portance inoperative  and  void." 

All  of  which  is  true,  but  the  case  in  hand  is  an  in- 
stance of  the  "universal  and  permanent"  rule  that 
sovereignty  can  annul  charters. 

Webster  seems  to  have  dodged  the  issue,  or 
begged  the  question;  which  reminds  us  that  of  one 
of  counsel's  arguments  Story  said,  "The  fallacy  of 
the  argument  consists  in  assuming  the  very  ground 
in  controversy." 

This  is  precisely  the  method  of  the  court  through- 
out most  of  this  case. 

Many  eminent  authorities,  voicing  sound  doctrines 
as  to  the  proper  relation  between  sovereignty  and  the 
person,  were  quoted — and  then  the  doctrines  were 
applied  to  corporations. 

Herein  lies  the  plaintiff's  need  for  asserting  cor- 
porations to  be  persons — and  herein  is  the  lameness 
of  this  absurd  decision. 


in  conclusion,  sovereignty  is  not  a  subject  of  con- 
tract. 

Nature  forces  the  majority  to  be  sovereign.  Sov- 
ereignty of  necessity  relates  to  persons  and  to  land. 

These  two  exist  of  themselves.  All  else  in  the 
social  state  is  subsidiary. 

Tht  v/holG  "String  of  sophistries  indulged  by  the 
court  w^rc  a?  the  end  that  these  simple  truths  be 
:-'ubmerge(!. 

ir  ^  these  simple  truths  are  clearly  ap- 


20 


preh^nded  that  soc  il  freedom  is  possible.  Marsliall 
WAS  a  Tory.  His  .^hole  career  proves  it.  A  Tory 
'■-  not  n   friend  ot  freedom. 

liie  trulii  is  tiiat  power  to  regulate  corporations 
or  annul  their  charters  inheres  in  each  State — save 
for  this  precedent. 

Deprived  of  this  power  by  this  invasive  rule,  the 
people  flounder  on,  rapidly  losing  faith  in  the  great 
American  experiment. 

Does  anyone  doubt  that  our  Western  States  would 
long  since  have  regulated  railroads  and  other  cor- 
porations in  the  interest  of  common  honesty  if  the 
group  of  attorneys  called  the  Supreme  Court  did  not 
bar  the  way? 

The  people  think  they  live  under  the  Constitution, 
m  fact,  they  live  under  Marshall's  decisions. 

If  it  were  not  for  the  slavish  submission  of  the 
present  court  to  the  name  of  Marshall,  would  we 
need  to  be  outraged  by  the  spectacle  of  sovereign 
States  like  Idaho,  Montana  and  Colorado  in  the  West, 
and  Pennsylvania  and  New  Jersey  in  the  East,  lying 
bound  at  the  feet  of  a  lot  of  soulless  corporate 
pirates,  as  reckless  of  human  rights  as  any  horde 
that  ever  sailed  the  Spanish  Main? 

Let  the  court  confine  itself  to  its  own  affairs,  and 
leave  the  States  to  attend  to  theirs. 

The  decision  was  in  degree  destructive  of  the 
rights  oT  the  States  (which  in  itself  is  of  no  mo- 
ment), and  thereby  of  the  people's  rights  (which  is 
of  great  moment). 

It  was  not  adjudication.  It  ■^''?  nsiirnation.  Thus 
far  it  has  been  endured. 

One  judge  dissented.  Let  u  :  r/eve  his  name — 
it  was  Duvall. 


21 


A    PRESENT    FOR    ilKU 

Whether  You've  Got  Her,  or 
Only  Live  in  Hope 

Sonnets  to  a  Wife 

The  noblest  and  best  sustained 
sonnet-sequence  ever  produced  in 
this  country,  nature  poetry  and 
love  poetry,  picturesque,  reflt-ctive, 
tender,  passionate,  pure,  holy  and 
of  exalted  idealism. 

By  ERNEST  McGAFFEY 

With  a  foreword  by  the  publisher, 
Mr.  William  Marion  Reedy,  and 
portrait  of  the  author.  Bound  in 
padded,  dove-colored  ooze,  gilt 
top,  title  embossed  in  gold  on  front 
cover,  enclosed  in  a  neat  box. 

Price 

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Address 

WILLIAM   MARION   REEDT 
The  Mirror     ::    St.  Louis,  Mo. 

A  Book  to  Woo  the 
Sweetest  She 


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The  Confessions  of  a  Monopolist 

By  FREDERIC  C.  HOWE.  Ph.D. 
Author  of  "The  City  the  Hope  of  Democracy" 

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ETHICS  OF  DEMOCRACY 

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The  Prophet  of   San  Francisco 

A  Sketch  of  Henry  George's  Life 
By  LOUIS  F.  POST 

This  interesting  monograph  was  a  labor  of  love  by  Mr.  Post, 
and  in  it  he  makes  a  lucid  explanation  of  the  Single  Tax  philosophy 
as  Henry  George  expounded  it.  It  is  especially  valuable  for  dispelling 
prejudice  and  stimulating  inquiry  among  the  thoughtful  of  conserva- 
tive habits. 

I6mo,  bound  in  cartridge    paper*    60    pages, 
20  cents,  postpaid.    Ten  copies,  $}.00,  postpaid* 

The   Single  Tax 

By  LOUIS  F.  POST 

An  explanation,  with  colored  charts  and  illustrative  notes,  of  the 
land,  labor,  and  fiscal  reform  advocated  by  Henry  George. 

}2mo,  paper  cover,  102  pages,  25  cents,  postpaid. 

Ethical  Principles  of  Marriage 
and  Divorce 

By  LOUIS  F.  POST 

A  rational  discussion  of  marriage  as  a  natural  relationship,  and 
of  the  uses  of  marriage  ceremonials  or  contracts  and  the  legitimacy  and 
proper  effect  of  their  abrogation  by  divorce.  The  subjects  considered 
include  plural  marriage,  which  is  subjected  to  the  test  of  natural 
ethics  and  condemned:  and  marriage  after  divorce,  which  is  by  the 
same  test  approved.  The  book  concludes  with  an  argument,  neither 
ecclesiastical  nor  conventional,  but  upon  rational  principle,  for  the 
exalted  character  and  natural  sanctity  of  monogamous  marriage. 
Contents:  Introduction;  Ch.  I.  Marriage:  ph.  II.  Eternality  of  Mar- 
riage: Ch.  III.  Polygamy,  Polyandry  and  "Free-Love":  Ch.  IV.  Suc- 
cessive Marriages:  Ch.  V.  Marriage  Ceremonials:  Ch.  VI.  Divorce: 
Ch.  VII.  Marriage  After  Divorce,  and  Ch.  VIII.  The  Sanctity  of  Mar- 
riage. These  chapters,  now  revised  for  book  "i'-M-"-'-in-.  Ti-cre  rrig-in- 
ally  published  in  The  Public  as  serial  essays  ^'ni'.-m  ,i;eoi  v.ee 
and  general  style  with  "Ethics  of  Democrac  .' 

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The  Books  of  Ernest  Crosby 

Plain  Talk  In  Psalm  and  Parable 

A  collection  of  chants  in  the  cause  of  justice  and  brotherhood. 
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by  mail,  44  cents. 

Captain  Jinks,  Hero 

A  keen  satire  on  our  recent  wars  in  which  the  parallel  between 
savagery  and  soldiery  is  unerringly  drawn.  Profusely  illustrated 
by  Dan  Beard. 

i2mo   cloth,  400  pages.     $1.50,  postpaid. 

Swords  and  Plowshares 

A  collection  of  poems  filled  with  the  hatred  of  war  and  the 
love  of  nature. 

i2mo.  cloth,  126  pages,  81.20;  by  mail,  $1.29.  Not  sold  by  us 
in  Great  Britain. 

Tolstoy  and  His  flessage 

A  concise  and  sympathetic  account  of  the  life,  character  and 
philosophy  of  Tolstoy. 

i6mo.  cloth,  93  pages,  50  cents;  by  mail,  54  cents.  Not  sold 
by  us  in  Great  Britain. 

Tolstoy  as  a  Schoolmaster 

An  essay  on  education  and  punishment,  with  Tolstoy's  curious 
experiments  in  teaching  as  a  text. 

i6mo,  cloth,  94  pages,  50  cents;  by  mail,  53  cents. 

Qarrlson  the  Non-Resistant 

An  account  of  the  career  of  William  Lloyd  Garrison,  with  a 
lively  discussion  of  the  propriety  of  overcoming  slavery  by  war 
and  of  the  promotion  of  reform  by  peaceful  methods,  and  a  con- 
sideration, from  an  entirely  original  point  of  view,  of  the  results 
of  the  Civil  War  in  the  Sotith  and  in  the  North. 

i6mo,  cloth,  144  pages,  with  photogravure  portrait,  50  cents; 
by  mail,  54  cents. 

Broad>Cast 

New  chants  and  songs  of  labor,  life  and  freedom.  This  latest 
volume  of  poems  by  the  author  of  "Plain  Talk  in  Psalm  and 
Parable  "  and  "  Swords  and  Ploughshares,"  convej's  the  same 
message  delivered  with  equal  power. 

i2mo,  cloth.  128  pages,  jtj  cents;  by  mail,  54  cents. 

Edward  Carpenter,  Poet  and  Prophet 

All     illuiuinative    essay,    with    selections    and    portrait    of 

es,  with  portrait  of  Carpenter  on  cover,  20 

Oolden-R.  of  Toledo 

An  a;  aracter  sketch  of  Samuel  M.  Jones,  from 


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Books  by  Bolton  Hall 

EVEN    AS  YOU  AND  I 

A  presentation,  by  means  of  popular  and  simple  allegories, 
of  the  doctrine  of  Henry  George  and  the  principle  which  un- 
derlies it.  A  part  of  the  volume  is  an  account  of  Tolstoy's 
philosophy,  drawn  largely  from  the  Russian's  difficult  work, 
^Of  Life." 

The  earnest  outpourings  of  a  soul  de- 
voted to  humanity.— /wV/c^,  Philadelphia. 

1 6mo,  cloth,  ornamental,  gilt  top,  50  cents;  by  mail,  54  cents. 

THINGS  AS   THEY  ARE 

The  chapters  comprising  the  first  part  of  this  volume  are 
designed  to  show,  in  a  logical  manner,  the  purpose  and  order  of 
the  development  of  man.  The  parables  illustrate  the  prin- 
ciples shown  in  these  chapters. 

A  vigorous  book  inspired  by  a  searching  but 
far  from  bitter  philosophy.— iJ<»j^<;M  Transcript. 

\  6mo,  cloth,  ornamental,  gilt  top,  75  centsj  by  mail,  80  cents. 

FREE  AMERICA 

Short  chapters  showing  how  liberty  brings  prosperity.  With 
illustrations  by  Dan  Beard.  Shows  from  familiar  sources,  in 
an  interesting  and  amusing  way,  the  evils  from  which  we  suffer 
as  individuals  and  as  a  society,  the  causes  for  them,  and  their 
cure— which  is  liberty.  It  considers  the  proposed  remedies, 
and  without  condemning  any  of  them  or  inviting  antagonism, 
shows  how  much  may  be  expected  from  them,  and  how  pres 
ent  conditions  may  be  turned  to  our  individual  advantage. 

J6mo,  cloth,  219  pages,  75  cents,  postpaid. 
Paper,  25  cents,  postpaid. 

THE  GAME  OF  LIFE 

A  new  volume  of  111  fables.  Most  of  them  have  been  pub- 
lished from  time  to  time  in  Life.  Collier's,  The  Outlook,  The 
Century,  The  Independent.  The  Ram's  Horn,  The  Pilgrim. 
The  Christian  Endeavor  World,  The  Knhrir  Th«  ivje"'  V-iV-. 
The  Philistine,  and  other  papers  ami  „.  ,.w.i,i.  ;. 

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The  Life  of  Henry  George 

By  HENRY  GEORGE,  Jr. 


This  book  is  a  simple  but  inspiring:  narrative  of  an  interest- 
ing life.  It  tells  who  Henry  George  was  and  how  he  came 
to  do  the  public  work  he  did  do.  It  shows  how  he  thought  and 
how  he  worked,  and  it  makes  easier  the  reading  of  "Progress 
and  Poverty,"  in  itself  one  of  the  most  fascinating  books  on  a 
serious  subject,  by  investing  it  with  the  personality  of  its 
author.—  Tht  rublk. 


New  edition,  J2mo,  cloth,  634  pages,  with  8  illastra 
tions,  $J.OO ;  by  mail,  $I.J4. 

Library  edition,   large    I2mo,    with   J6   illostratiocs, 
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Addresses  at  the  Funeral  of  Henry  George 

Compiled  by  Edmund  Yardley.  With  an  Introduction  by 
Henry  George,  Jr.  The  addresses  at  the  funeral  services  of 
Henry  George,  in  New  York,  October  31.  1897,  delivered  by 
Rev.  Dr.  R.  Heber  Newton  Rev.  Dr.  Lyman  Abbott,  Rev. 
Dr.  Gustav  Gottheil,  Rev.  D..  Edward  McGiynn,  and  John 
Sherwin  Crosby.  These  addresses  are  an  impressive  tribute 
to  George  and  his  work,  and  the  volume  is  an  interesting 
memorial  of  his  famous  funeral. 

J6mo,  doth,  64  pages,  40  cents ;  by  mail,  43  cents. 
Paper,  25  cents,  postpaid. 


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The  New  Library  Edition  of  the  Complete 

Works  of  Henry  George 

Including  the 
LIFE  OF  HENRY  GEORGE 

By  HENRY  GEORGE,  ]r. 

Recently  published,  in  ten  volumes,  12mo,  handsomely  bound  in 
ckraiTJ.  with  »:ilt  tops,  trimmed  or  unirimmed  edges,  etc.  It  con- 
ns a  full  set  of  portraits,  and   i-t   in   all    resoects   equal  to  the  well- 

!;f  ov/n  MEMORIAL  EDITION,  issued  in  1898.  which  sold  tor  $25.00 

P^  r  set,  but  is  now  out  of  print. 


LIST  OF  THE  VOLUMES. 

Volume  I  Progress  and  Poverty 

Volume  II  Social  Problems 

Volume  III  The  Land  Question 

Volume  IV  Protection  or  Free  Trade 

Volume  V  A  Perplexed  Philosopher 

Volumes  VI    and  VII  The  Science  of  Political  Economy 

Volume  VIII  Our  Land  and  Land  Policy 

Volumes  IX  and  X  The  Life  of  Henry  George 


TERMS  OF  PURCHASE: 

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address  in  the  Uiiited  States  (.with  customs 
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HENRY  GEORGE'S  WORKS 

SINGLE  VOLUMES 

Progress  and  Poverty 

Popular  edition.  12mo.  568  pasres,  cloth,  $1.00:  by  mail.  $1.12. 
Paper,  50  cents:  by  mail,  62  cents. 

Anniversary  edition,  with  introduction  by  Henry  George.  Jr., 
and  unpublished  documents  left  by  Henry  George.  12mo.  cloth, 
568  pages.  $1.00;  by  mail,  $1.12. 

Social  Problems 

Uniform  with  Progress  and  Poverty,  popular  edition.  12mo.  288 
pages,  cloth,  $1.00;  by  mail.  $1.12.  Paper.  50  cents:  by  mall. 
62  cents. 

The  Land  Question 

Contains  "The  Land  Question."  "Property  in  Land"  (a 
passage-at  arms  with  the  Duke  of  .^rgyle).  and  "The  Con- 
dition of  Labor"  (an  open  letter  to  Pope  Leo  XIII.,  in 
reply  to  the  Pope's  encyclical  letter  on  "the  condition  of 
labor"). 
Uniform  with  Progress  and  Poverty,  popular  edition.    12mo.365 
pages,  cloth.  $1.00;    by  mail,  $1.12.    Paper,  50  cents;    by  mail. 
62  cents. 

Protection  or  Free  Trade 

Uniform  with  Progress  and  Poverty,  popular  edition.  12rao,335 
pages,  cloth,  $1.00;  by  mail,  $1.12.  Paper,  50  cents;  by  mail. 
62  cents. 

A  Perplexed  Philosopher 

Uniform  with  Progress  and  Poverty,  popular  edition.  12mo,  .319 
pages,  cloth,  $1.00;  by  mail  $1.12.  Paper.  50  .cents:  by  mail. 
62  cents. 

The  Science  of  Political  Economy 

Large  12mo,  cloth.  545  pages,  with  photogravure  portrait,  $2.50: 
by  mail,  .'j2.66. 

Our  Land  and  Land  Policy 

Contains  "Our  Land  and  Land  Policy"  and  miscellaneous 
writings,  speeches  and  lectures. 
Large  12mo.  cloth,  345  pages.  $2.50:  by  mail,  $2.66. 


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BISOCIALISM 

The  Reign  of  the  Man  at  the  Margin 
By  OLI\^R  R.  TROWBRIDGE 


An  cat!re;y  u;-  v  aiid  -'ginal,  as  well  «s  thoughtful 
and  scboiaiiy  work  oa  Eoonomics.  It  for  the  first  time 
furnislies  a  scientific  means  for  determining  the  proper 
scope  of  Economic  Science,  and  discusser  all  its  phases 
and  piienomena  in  a  complete  and  Cv>nsistent  manner. 
It  treats  of  the  positive  theory  of  value,  and  points  our 
clearly  the  distinctive  economic  principles  which  domin 
ate  tlie  established  order,  and  also  those  involved  in 
anarchism  and  in  the  different  forms  of  socialism.  It 
discus«  s  the  economic  principles  involved  in  all  the  lead- 
ing leform  movements  since  the  civil  war. 

In  the  flood  of  economic  literature  "which  has  poured 

from  the  press  since  "Progress  and  Poverty"  mariced  a  new 

^'a  in  this  field  oi  iriQuiry,  n--  sani-r  contribution  to  the 

jcussion  ut  the  great  piobleni   of  the  distribution   of 

•?alth   has  been   made   than    this  from   the  pen  ol  Mr. 

owbridiTf.     l-Je  has  treated  his  subject  as  no  one  else 

•  atfr-nipt'^d  to  do.    Undoubtedly  he  has  written  a  clear 

id   i'(  wv  i*u[    exposition    of    the    science    of    political 

;:onomy.     In  certain  aspects  it  is  perhaps  the  best  thing 

n  its  line  that  has  been  produced. 

—  H'arrtH  Worth  B  .r'l-y,  injokttsiown  Drniorrat, 
It  has  b^en  accepted  as  the  one  (jreat  addition  to 
ingle  Tax  literature  sint:e  the  time  of  Henrv  George. 

— International  Sccialisi  Review. 

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